Service provided by the Federal Ministry of Justice
and the Federal Office of Justice ‒ www.gesetze-im-internet.de
3.
processing is necessary to prevent substantial harm to the common good or a
threat to public security, defence or national security; to safeguard substantial concerns
of the common good; or to ensure tax and customs revenues;
4.
processing is necessary to prosecute criminal or administrative offences, to
carry out or enforce punishment or measures as referred to in Section 11 (1) no. 8 of the
Criminal Code or educational or disciplinary measures as referred to in the Juvenile Court
Act or to enforce fines;
5.
or
processing is necessary to prevent serious harm to the rights of another person;
6.
processing is necessary to exercise powers of supervision and monitoring, to
conduct audits or organizational analyses of the controller; this shall also apply to
processing for training and examination purposes by the controller, as long as it does not
conflict with the legitimate interests of the data subject.
(2) The processing of special categories of personal data as referred to in Article 9 (1) of
Regulation (EU) 2016/679 for a purpose other than the one for which the data were collected
shall be permitted if the conditions of subsection 1 are met and an exception pursuant to
Article 9 (2) of Regulation (EU) 2016/679 or pursuant to Section 22 applies.
Section 24
Processing for other purposes by private bodies
(1) Private bodies shall be permitted to process personal data for a purpose other than the
one for which the data were collected if
1.
processing is necessary to prevent threats to state or public security or to
prosecute criminal offences; or
2.
claims,
processing is necessary for the establishment, exercise or defence of legal
unless the data subject has an overriding interest in not having the data processed.
(2) The processing of special categories of personal data as referred to in Article 9 (1) of
Regulation (EU) 2016/679 for a purpose other than the one for which the data were collected
shall be permitted if the conditions of subsection 1 are met and an exception pursuant to
Article 9 (2) of Regulation (EU) 2016/679 or pursuant to Section 22 applies.
Section 25
Transfer of data by public bodies
(1) The transfer of personal data by public bodies to public bodies shall be permitted if it is
necessary for the transferring body or the third party to whom the data are transferred to
perform their duties and the conditions are met which would permit processing pursuant to
Section 23. The third party to whom the data are transferred shall process the transferred
data only for the purpose for which they were transferred. Processing for other purposes
shall be permitted only if the conditions of Section 23 are met.
(2) Public bodies shall be permitted to transfer personal data to private bodies if
1.
transfer is necessary for the transferring body to perform its duties and the
conditions are met which would permit processing pursuant to Section 23;
2.
the third party to whom the data are transferred credibly presents a legitimate
interest in knowledge of the data to be transferred and the data subject does not have a
legitimate interest in not having the data transferred; or
3.
claims;
processing is necessary for the establishment, exercise or defence of legal
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